RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 September 2005
      DOCKET NUMBER:  AR20040010491


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
he was promoted to captain (CPT/O3) instead of first lieutenant (1LT/O2).

2.  The applicant states, in effect, his records mistakenly show he was
discharged in the rank of 1LT although he was promoted to the rank of CPT.

3.  The applicant provides the following documents in support of his
request:  Certification of Military Service, issued 18 October 2004; Sixth
Service Command Letter, Subject:  Promotion, dated 5 January 1946; and
Separation Qualification Record (WD AGO Form 100).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error that occurred
on 2 February 1946.  The application submitted in this case is dated 23
November 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed his
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record for the Board to
conduct a fair and impartial review of this case.  This case is being
considered using reconstructed records and the supporting documents
provided by the applicant.

4.  The reconstructed military record shows the applicant initially
enlisted in the Army and entered active duty on 17 February 1942 in an
enlisted status.  He continued to serve in this status until being
honorably separated on 18 February 1942, in order to accept an appointment
as a commissioned officer.

5.  The WD AGO Form 100 confirms that the applicant was commissioned a
1LT in the AUS out of Officer Candidate School, and that he served on
active duty in that status for 36 months.  It also confirms that he was
awarded the
Army Good Conduct Medal, Distinguished Unit Citation, Asiatic Pacific
Campaign Medal with 5 bronze service stars, American Theater Ribbon,
Philippine Liberations Ribbon with 1 bronze service star, and World War II
Victory Medal.

6.  The applicant provides a copy of Sixth Service Command letter, dated
5 January 1946.  This letter shows he was promoted to the rank of CPT while
he was in a "Terminal Leave" status.  It further confirms his records were
corrected to show the rank of CPT.

7.  On 19 February 1946, the applicant was honorably released from active
duty (REFRAD).  At the time, he had completed a total of 3 years, 11 months
and
8 days active military service.  The reconstructed record does not contain
a separation document (WD AGO Form 53-98).

8.  The reconstructed record does include a Certification of Military
Service, dated 18 October 2004.  This document contains the entry "First
Lieutenant" under the heading "Last Grade, Rank, or Rating."

9.  War Department Circular 140, in effect at the time, provided the Army’s
policy for the promotion of officers upon REFRAD.  It stated, in pertinent
part, that officers who had attained a minimum efficiency index of 40 or
more were eligible for a one-grade promotion incident to their REFRAD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show
that he was REFRAD in the rank of CPT instead of 1LT, and the supporting
evidence he provided were carefully considered and found to have merit.

2.  The Sixth Service Command letter provided by the applicant confirms he
met the criteria for a one-grade promotion and that he was promoted to the
rank of CPT in conjunction with his REFRAD.  This letter was not included
in his reconstructed record when the Certification of Military Service was
prepared on 18 October 2004.  Therefore, a document should be issued to
show his rank as CPT.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA__  __BPI___  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that the individual concerned
was promoted to captain; and by providing him an appropriate document that
reflects this change.




            ____James E. Anderholm____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010491                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/09/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1946/02/02                              |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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